Hall et al v. Mims et al

Filing 60

ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Brian Murphy on November 26, 2012 signed by Magistrate Judge Barbara A. McAuliffe on 11/21/2012. (Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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QUENTIN HALL, et. al.,

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CASE NO. 1:11-cv-2047-LJO-BAM

Plaintiffs,
ORDER & WRIT OF HABEAS CORPUS

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AD TESTIFICANDUM TO TRANSPORT
BRIAN MURPHY , USMS No. 67719-097

MARGARET MIMS, et. al.,

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DATE: NOVEMBER 26, 2012
TIME: 8:30 A.M.

Defendants.
/

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Inmate BRIAN MURPHY, No. 67719-097 , a necessary and material witness on his own behalf

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in proceedings in this case on November 16, 2012, is confined at the Kern County Lerdo Max-Med

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Security Facility, 17645 Industrial Farm Road, Bakersfield, CA 93308, in the custody of the Warden.

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In order to secure this inmate's attendance it is necessary that a Writ of Habeas Corpus Ad Testificandum

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issue commanding the custodian to produce the inmate to the Fresno County Sheriffs' Department at the

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Fresno County Main Jail, 1225 "M" Street, Fresno, California on November 26, 2012, at 8:30 a.m.

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ACCORDINGLY, IT IS ORDERED that:
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A Writ of Habeas Corpus Ad Testificandum issue commanding the Warden and the

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United States Federal Marshals Service to produce BRIAN MURPHY, the inmate named above, to

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testify at deposition at the Fresno County Main Jail at the time and place above; and thereafter to return

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the inmate to the Kern County Lerdo Max-Med Security Facility;

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2.

The United States Federal Marshals Service will produce and deliver the body of BRIAN

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MURPHY to the Fresno Country Sheriffs’ Department for purposes of having his deposition taken in

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the above-mentioned matter on November 26, 2012 at 8:30 a.m. at the Fresno County Main Jail;

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3.

Immediately following the completion of his deposition for that day at 3:30 p.m., BRIAN

MURPHY shall be returned to federal custody and transported to the Kern County Lerdo Max-Med;
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The custodian is ordered to notify the court of any change in custody of this inmate and

is ordered to provide the new custodian with a copy of this writ;

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5.

Compliance with the above shall be deemed sufficient compliance with this writ.

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WRIT OF HABEAS CORPUS AD TESTIFICANDUM

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To the Warden of Kern County Lerdo Max-Med Security Facility:

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WE COMMAND you to produce the inmate named above to testify at the Fresno County Main

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Jail at the time and place above, and from day today until completion of the proceedings, or as ordered

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by the court; and thereafter to return the inmate to the above institution. The inmate’s legal property

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relevant to this case shall accompany the inmate to court.

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FURTHER, the United States Federal Marshals Service will produce and deliver the body of

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BRIAN MURPHY to the Fresno Country Sheriffs’ Department for purposes of having his deposition

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taken in the above-mentioned matter on November 26, 2012 at 8:30 a.m.;

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FURTHER, immediately following the completion of his deposition for that day at 3:30 p.m.,

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BRIAN MURPHY shall be returned to federal custody and transported to the Kern County Lerdo

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Max-Med Security Facility by the United States Federal Marshals Service;

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FURTHER, you have been ordered to notify the court of any change in custody of the inmate
and have been ordered to provide the new custodian with a copy of this writ.
IT IS SO ORDERED.
Dated:
10c20k

November 21, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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